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2007-1238-Minutes for Meeting August 04,1982 Recorded 6/21/2007DESCHUTES NANCY COUNTY CLERKDS 1~d ~~Y~'~~~~ COMMISSIONERS' JOURNAL 06/21/2007 08;55;47 AM 111111111111111111111111111111111111 2007-1238 Do not remove this page from original document. Deschutes County Clerk Certificate Page t If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page 4 .41 DESCHUTES COUNTY BOARD OF COMMISSIONERS AUGUST 4, 1982 - COURTDAY MEETING Chairman Shepard called the meeting to order at 10:00 A.M. Commis- sioner Paulson and Commissioner Young were also present. Amendments to There were three amendments to the agenda. The first the Agenda was a Discussion regarding County Vehicles, the second was a Discussion regarding the Sheriff's Substation in LaPine and the third was an OLCC Liquor License Renewal application. Hearing no objections, Chairman Shepard added these to the agenda. Discussion re- This was postponed indefinitely until the Board received garding Ap- a recommendation from Central Oregon Intergovernmental pointment to Council. COIC Board Ordinance #82- Rick Isham, County Counsel, explained that this was in 031, Amending regard to the airport rezoning applied for by the City PL-15, Rezon- of Bend. He stated that the decision had been made, and ing Property that the Hearings Officer had disqualified himself from from EFU-4 to hearing this application, so the decision had been ren- AD Zone dered by the Planning Commission. He briefly outlined the history of this application. He noted that the de- cision is attached to the ordinance and it was not ap- pealed. MOTION: PAULSON moved to have the first and second readings by title only. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: ABSTAIN. Chairman Shepard gave the first and second readings of Ordinance #82-031 by.title only. MOTION: PAULSON moved to approve the ordinance. SHEPARD: Second. Commissioner Young stated that he did not feel that this was fair because he did not feel that the surrounding property owners would be successful in rezoning their property to Airport Development. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: NO. Because this was not adopted by unanimous vote, it was necessary to reschedule this again no less than two weeks hence according to the ORS. This was rescheduled for August 24, 1982. PAGE 1 License to Mr. Isham explained that Mr. Sage had requested the use Use Land be- of County land enabling him to lengthen his airstrip. tween Des- This request had been received by the Board approximate- chutes County ly one year ago. Since that time Mr. Sage had obtained and Danny approval for this land use through a conditional use Sage permit which was approved by the Hearings Officer. MOTION: YOUNG moved to approve the license to use land between Deschutes County and Danny Sage. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Craig Smith, Planning Department, was present to discuss garding prop- this. He noted that the Board was in receipt of a let- erty owned by ter from Mr. Agee and they had also had the opportunity Charles Agee to review the Planning Department file. Mr. Smith ex- plained that Mr. Agee had come in for a variance to split 2-1/2 acres from his five-acre parcel. He showed this parcel on a map, indicating that the parcel was or- iginally a 10-acre parcel, and the original owner had separated that parcel into two parcels, one parcel con- sisting of 2-1/2 acres and the other 7-1/2 acres. The Planning Commission had approved this partition on the condition that the 7-1/2 acre parcel not be split. Then the original owner sold Mr. Agee the 2-1/2 acre parcel in 1976, and then another 2-1/2 parcel in 1977, which was a portion of the 7-1/2 acre parcel, making this an illegal sale of land. There was some further discus- sion. Commissioner Young suggested that since Mr. Agee is making this request so that he may place a mobile home on the lower 2-1/2 acres as a nursery caretaker's residence, that this be done through that provision in the Comprehensive Plan. Mr. Smith agreed to research this matter further and work with Mr. Agee on the Plan- ning department level. If Mr. Agee is not satisified with the Planning Department's decision, he could appeal that decision to the Board of Commissioners. BMP&R Tour Chairman Shepard noted that the tour of County land of County of interest to Bend Metro Parks and Recreation will Land be conducted on Thursday, August 5 at 1:00 P.M. Discussion re- Mr. Isham explained that he and Doug Maul had met with garding Sher- members of the LaPine Rural Fire Protection District iff's Substat- Board of Directors the night before to discuss the tion in Sheriff's Substation in LaPine. He stated that this was LaPine in regard to a transfer change of use on land the Fire District controls on a patent from BLM so that the County may build its substation on that property. He stated that in order to do this, the County must submit to BLM a Plan of Development, which will set out the type of use that the County will have;. a Statement of PAG E 2 Need; a timetable for construction; and a maintenance schuedule. He said that through this process the County would receive a Bargain and Sale Deed for the property with a reversionary clause in favor of the Fire District should the property ceased being used for a public pur- pose. The Fire District, however, would not agree to the deed as Mr. Isham had described it to them. They wished to retain a right of termination if they did not feel that this was being used for Sheriff's purposes only, and if it ever ceased being used for Sheriff's purposes. In such a case, if they ever did terminate the deed, they would own the building. Mr. Isham noted that if the situation arose where because of financial constraints the County could no longer operate the LaPine Sheriff's substation, or if they wanted to util- ize the building for other county offices, the county could lose the building. Mr. Isham suggested that the Board write a letter to the Fire District indicating that the County could not proceed on this basis. It was the concensus of the Board to do so, and directed Mr. Isham to draft this letter. OLCC License Before the Board was an OLCC Liquor License Renewal ap- Renewal plication for the Beef & Brew Restaurant in Bend. MOTION: PAULSON moved to approve. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Hold Harmless MOTION: PAULSON moved to sign the document. Agreement with YOUNG: Second. BMP&R for VOTE: SHEPARD: AYE. Temporary PAULSON: AYE. Storage of YOUNG: AYE. Houses on County Land Other Staff Mr. Isham stated that the County plans to remove the Public Con- quonset but from its location north of the Courthouse cerns Annex. He stated that he has received a couple of calls from individuals interested in salvaging the building. He suggested that the Board declare the building surplus property and put it out to bid with a minimum bid of $10, and the purchaser would be responsible for removing the building. Commissioner Paulson suggested that they raise the minimum bid to $200. There was some further discussion on this. Mr. Isham stated that combined with the cost of moving, the $200 figure may be prohibitive. PAGE 3 MOTION: PAULSON moved that the Board declare the quonset but as surplus property and put it out for bid for demolition with the minimum bid to be set prior to the bidding. Mr. Isham noted that the Assessor sets the value of the building at no value because the cost of demolition exceeds the value of the building. Commissioner Paulson withdrew his motion. There was also some discussion on the house that is behind the quonset hut. Mr. Isham said that the Bend Fire Department plans to burn this house in their con- trolled burning education program for their firefight- ers. MOTION: PAULSON moved that the Board declare the quonset but north of the Annex as County surplus property and that Commissioner Paulson and Doug Maul set the minimum bid for the demolition of the property. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Chairman Shepard stated that since the Board had adopted garding Ve- the ordinance which allowed for $.30 per mile vehicle hicles usage reimbursement to County employes, he had received comments from department heads in regard to reimbursing a county employe who combined a business trip with a personal trip, who used their personal cars even when there was a county car available. It was noted that past policy in this regard was to reimburse the employee at half the usual amount, which would be $.15 per mile. There was some further discussion. Chairman Shepard suggested that the Board amend the ordinance to reflect a $.15 per mile reimbursement in such cases. MOTION: YOUNG moved that the Board pay one way if a personal car is used when a county car is available. SHEPARD: Second. Commissioner Paulson stated that if a trip is being made for County business, it would be reasonable to reimburse the employe for the full trip whether or not they want to go somewhere else. He noted that the $.30 per mile reimbursement had been instated to encourage employes to use their own cars instead of county cars. There was some further discussion in which it was noted that when department heads budgeted for travel, this increased re- imbursement had not yet been in effect so it had not been budgeted for. Chairman Shepard stated that he would like to have the Employees Council review this before the Board takes any final action. Commissioner PAG E 4 J Young withdrew the motion with the seconder's approval. Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS CLAY6~9 SHEPARD, CHAIRMAN RO ERT C. PAULSON, JR., C ISS R AL R A. YOUNG, ISSI R /ss PAGE 5